11.03.2008 - Source: US Department of State

The right to form or belong to any trade union is restricted by some statutory limitations ("Country Report on Human Rights Practices 2007") [ID 20055]

"The law provides all citizens with the right to form or belong to any trade union or other association for the protection of their interests, and while workers exercised this right in practice, some statutory limitations on the right of association and on trade unions restricted this right. Some of these restrictions were put in place to curb the practice of forming thousands of small unions with as few as three or four employees each."

Document(s): Open document

11.03.2008 - Source: US Department of State

Workers, except members of the armed forces and employees designated as essential by the government, may join trade unions ("Country Report on Human Rights Practices 2007") [ID 20056]

"Workers, except members of the armed forces and employees designated as essential by the government, may join trade unions. Essential workers included government employees in the police, customs, immigration, prisons, the federal mint, and the Central Bank. The government's application of the "essential worker" designation was broad compared to the ILO definition. Employees working in a designated Export Processing Zone (EPZ) may not join a union until 10 years after the establishment of the enterprise."

Document(s): Open document

11.03.2008 - Source: US Department of State

Eight million workers belong to union, but informal sectors and the agricultural sector are unorganised ("Country Report on Human Rights Practices 2007") [ID 23769]

"According to figures provided by the Michael Imoudou National Institute for Labor Studies, eight million workers belonged to unions. Approximately 60 percent of formal sector workers belonged to a union. With the exception of a small number of workers engaged in commercial food processing, the agricultural sector, which employed the majority of the work force, was not organized. The informal sector, and small and medium enterprises, remained largely unorganized."

Document(s): Open document

11.03.2008 - Source: US Department of State

Trade union federations must be registrated by the government ("Country Report on Human Rights Practices 2007") [ID 23770]

"Trade union federations, now called "central labor organizations," must be registered formally by the government. Each federation must consist of 12 or more trade unions, and trade union membership in a federation must be exclusive. A minimum of 50 workers per enterprise is required to form a trade union."

Document(s): Open document

11.03.2008 - Source: US Department of State

Activities of unions are legally limited ("Country Report on Human Rights Practices 2007") [ID 23771]

"The law allows unions to conduct their activities without interference; however, the law also narrowly defines what union activity is legal. The law provides for the right to both organize and bargain collectively between management and trade unions, and collective bargaining occurred throughout the public sector and the organized private sector. However, collective bargaining in the private sector was restricted. The law limits the right to strike to matters pertaining to breach of contract or wages and conditions of work, thereby prohibiting strikes over matters of national economic policy; however, the ILO ruled that this policy is contrary to ILO conventions. The government chose not to enforce this provision of the law during the June strike over fuel prices and other national policy issues."

Document(s): Open document

11.03.2008 - Source: US Department of State

Strikes have to fullfil legal requirements or participants could face punishment ("Country Report on Human Rights Practices 2007") [ID 23772]

"Workers outside the legally defined category of "essential" had the right to strike, although they were required to provide advance notice of a strike. A worker under a collective bargaining agreement cannot participate in a strike unless his union complied with the requirements of the law, which included provisions for mandatory mediation and for referral of the dispute to the government. Workers can bring labor grievances to the judicial system for review; however, the courts did not ensure due process in the protection of workers' rights. Workers are specifically prohibited from forcing persons to join a strike or from closing airports or obstructing public by-ways. Stiff fines and/or prison sentences are imposed on law breakers."

Document(s): Open document

11.03.2008 - Source: US Department of State

Retribution against strikers are not forbidden ("Country Report on Human Rights Practices 2007") [ID 23773]

"

There are no laws prohibiting retribution against strikers and strike leaders, but strikers who believed they were victims of unfair retribution could submit their cases to Industrial Arbitration Panel (IAP), with the approval of the Labor Ministry. The IAP's decisions were binding on parties but could be appealed to the National Industrial Court. In practice the decisions of these bodies infrequently carried the force of law. Union representatives described the arbitration process as cumbersome, time-consuming, and an ineffective deterrent to retribution against strikers."

Document(s): Open document

16.01.2008 - Source: World Organisation Against Torture

Lagos State: Unionist Alhaji Saula Saka assassinated ("Assassination of Mr. Alhaji Saula Saka [NGA 001 / 0108 / OBS 008]") [ID 22633]

Document(s): Open document

06.2007 - Source: Freedom House

Information on rights and forms of organisation of trade unions ("Freedom in the World 2007") [ID 20566]

"Despite several statutory restrictions on the rights of trade unions, workers—except members of the armed forces and those considered essential employees—may join trade unions, and the right to bargain collectively is guaranteed. About 10 percent of the workforce is unionized. Legislation passed in 2005 prevents umbrella unions, such as the Nigeria Labor Congress (NLC), from calling strikes; such action is now decided by individual unions. The legislation makes union membership voluntary and gives unions the right to form outside the umbrella group. It also bans strikes in essential services such as health and education. According to the International Confederation of Free Trade Unions, Nigeria has “serious shortcomings” in the application and enforcement of core labor standards."

Document(s): Open document

06.03.2007 - Source: US Department of State

According to figures provided by the 2 largest union federations, less than 10 percent of the total workforce was organised ("Country Report on Human Rights Practices 2006") [ID 20059]

"According to figures provided by the two largest union federations, the Nigeria Labor Congress (NLC) and Trade Union Congress (TUC), total union membership totaled between 7 and 7.5 million during the year. Less than 10 percent of the total workforce was organized. With the exception of a small number of workers engaged in commercial food processing, the agricultural sector, which employed the majority of the work force, was not organized. The informal sector, and small and medium enterprises, remained largely unorganized."

Document(s): Open document

06.03.2007 - Source: US Department of State

Information on the changes brought by the March 2005 Trade Union (Amendment) Act ("Country Report on Human Rights Practices 2006") [ID 20060]

"The March 2005 Trade Union (Amendment) Act eliminated the previously mandated single-labor-federation structure for workers, organized under the NLC. Trade union federations, now called "central labor organizations," must be registered formally by the government. Each federation must consist of 12 or more trade unions, and trade union membership in a federation must be exclusive. A minimum of 50 workers per enterprise is required to form a trade union. All unions and federations officially recognized prior to the law's passage were allowed to retain their status. The government formally recognized two union federations: the NLC, whose 29 formally recognized member unions represented lower-level and unskilled employees; and the TUC, whose 21 formally recognized member unions represented senior staff and managers. The TUC also had three additional member unions that the government had not recognized by year's end. The government did not formally recognize the Congress of Free Trade Unions (CFTU), which represented senior-level employees in certain sectors, although its member unions were recognized. Individual member unions can participate in collective bargaining and represent their members."

Document(s): Open document

06.03.2007 - Source: US Department of State

Information on different trade unions ("Country Report on Human Rights Practices 2006") [ID 20061]

"The TUC [Trade Union Congress] was recognized as a central labor organization under the new law, while the CFTU [Congress of Free Trade Unions] was not because it lacked the requisite number of affiliate unions. While lifting some restrictions on freedom of association by allowing more labor centers, the new law weakened the NLC [Nigeria Labor Congress], previously the country's only labor federation, by allowing the recognition of other labor federations representing groups of unions. Unlike in the previous year, abuses of labor standards did not increase during the year."

Document(s): Open document

06.03.2007 - Source: US Department of State

Information on legal regulations concerning trade unions ("Country Report on Human Rights Practices 2006") [ID 20064]

"The law allows unions to conduct their activities without interference; however, the law also narrowly defines what union activity is legal. The law provides for the right to both organize and bargain collectively between management and trade unions, and collective bargaining occurred throughout the public sector and the organized private sector. However, collective bargaining in the private sector was restricted. The new law limits the right to strike to matters pertaining to breach of contract or wages and conditions of work, thereby prohibiting strikes over matters of national economic policy."

Document(s): Open document

06.03.2007 - Source: US Department of State

Information on regulations concerning strikes ("Country Report on Human Rights Practices 2006") [ID 20065]

"Workers outside the legally defined category of "essential" had the right to strike, although they were required to provide advance notice of a strike. A worker under a collective bargaining agreement cannot participate in a strike unless his union complied with the requirements of the law, which included provisions for mandatory mediation and for referral of the dispute to the government. Workers can bring labor grievances to the judicial system for review; however, the courts were of limited utility in ensuring due process in the protection of workers' rights. Workers are specifically prohibited from forcing persons to join a strike or from closing airports or obstructing public by-ways. Stiff fines and/or prison sentences are imposed on law-breakers. While strikes continued to occur in localized areas after the law passed in 2005, no national strike was called. Instead a new strategy of organizing peaceful protest rallies was implemented by the Labor and Civil Society Coalition to solicit the government's response to and settlement of labor issues. A few rallies took place during the year and received favorable responses from the Ministry of Employment, Labor, and Productivity."

Document(s): Open document

06.03.2007 - Source: US Department of State

In June at least 4 representatives of the National Association of Telecommunications Employees were arrested when employees of the national telephone company went on strike ("Country Report on Human Rights Practices 2006") [ID 20066]

"In June at least four representatives of the National Association of Telecommunications Employees were arrested when employees of the national telephone company, NITEL Nigerian Telecommunications Limited, went on strike because they had not been paid in months. The workers were later released without charge."

Document(s): Open document

09.2006 - Source: Freedom House

10 percent of the workforce is unionised; umbrella organisations are not allowed to call for strikes ("Freedom in the World 2006") [ID 18262]

"Despite several statutory restrictions on the rights of trade unions, workers- except members of the armed forces and those considered essential employees- may join trade unions, and the right to bargain collectively is guaranteed. About 10 percent of the workforce is unionized. Legislation passed in March prevents umbrella unions, such as the Nigeria Labor Congress (NLC), from calling strikes; such action is now decided by individual unions. The new legislation makes union membership voluntary and gives unions the right to form outside the umbrella group. It also bans strikes in essential services such as health and education. According to the International Confederation of Free Trade Unions, Nigeria has "serious shortcomings" in the application and enforcement of core labor standards."

Document(s): Open document

07.2006 - Source: Freedom House

Trade unions heavily regulated by government ("Countries at the Crossroads 2006") [ID 18417]

"Trade unions are heavily regulated by the government, but union leaders have been at the forefront of opposition to a number of Obasanjo administration policies, most notably fuel price hikes. In response to union activism, the Obasanjo administration pushed the National Assembly to introduce legislation in 2005 to break up the umbrella union of all Nigerian trade unions, the Nigerian Labour Congress, but the assembly has yet to pass it."

Document(s): Open document

08.03.2006 - Source: US Department of State

Law provides the right to form or belong to any trade union; right of trade unions in practice restricted ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17449]

"The law provides all citizens with the right to form or belong to any trade union or other association for the protection of their interests, and while workers exercised this right in practice, several statutory restrictions on the right of association and on trade unions restricted this right. Workers, except members of the armed forces and employees designated as essential by the government, may join trade unions. Essential workers included government employees in the police, customs, immigration, prisons, the federal mint, and the Central Bank. Employees working in a designated Export Processing Zone (EPZ) may not join a union until 10 years after the start-up of the enterprise (see section 6.b.). The government's application of the "essential worker" designation was broad compared with the ILO definition. According to figures provided by the three largest union federations, total union membership was approximately 5.1 million. Less than 10 percent of the total workforce was organized. With the exception of a small number of workers engaged in commercial food processing, the agricultural sector, which employed the majority of the work force, was not organized. The informal sector, and small and medium enterprises, remained largely unorganized. The new Trade Union (Amendment) Act, passed on March 30, eliminated the previously mandated single-labor-federation structure for workers, organized under the Nigerian Labor Congress (NLC). Trade union federations, now called "central labor organizations," must be registered formally by the government. Each federation must consist of 12 or more trade unions, and trade union membership in a federation must be exclusive. A minimum of 50 workers per enterprise is required to form a trade union. All unions and federations officially recognized prior to the law's passage were allowed to retain their status. The government formally recognized 29 such unions under the NLC, 18 under the Trade Union Congress (TUC) and 8 under the Congress of Free Trade Unions (CFTU). The TUC was recognized as a central labor organization under the new law, while the CFTU was not because it lacked the requisite number of affiliate unions. While lifting some restrictions on freedom of association by allowing more labor centers, the new law weakened the NLC, the country's largest labor organization. The International Confederation of Free Trade Unions released its annual report in October and named the country as one of several that suffered from increased abuses of workers' rights by of government during the year. The law prohibits antiunion discrimination."

Document(s): Open document

08.03.2006 - Source: US Department of State

Law prohibits national strikes ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17450]

"The law allows unions to conduct their activities without interference; however, the law also closely defines what union activity is legal. The law provides for both the right to organize and bargain collectively between management and trade unions, and collective bargaining occurred throughout the public sector and the organized private sector. The law prohibits national strikes and strikes on many issues. Workers outside the legally defined category of "essential" had the right to strike, although they were required to provide advance notice of a strike. During the year workers exercised this right sparingly and with very limited scope, encompassing only individual factories or other work places. According to the March labor law, the right to strike is limited to matters pertaining to breach of contract or wages and conditions of work, prohibiting strikes over matters of national economic policy. A worker under a collective bargaining agreement could not participate in a strike unless his union complied with the requirements of the law, which included provisions for mandatory mediation and for referral of the dispute to the government. Workers are specifically prohibited from forcing persons to join a strike or from closing airports or obstructing public by-ways. Stiff fines and/or prison sentences are imposed on law-breakers. While strikes continued to occur in localized areas after the law passed in March, no national strike was called. Instead a new strategy of organizing peaceful protest rallies was implemented. Employers reported unions used threats against members and their families to force them to stay at home during planned strikes. In March oil union members initiated a strike against Tidex, a maritime firm, and detained 45 to 50 expatriate workers the vessels, except for brief periods onshore. The dispute continued for five weeks, when government and the NLC negotiated a resolution and the workers were allowed to depart their vessels. In April crewing agency workers embarked on an indefinite strike to protest a government decision to move them from their union, the National Union of Petroleum and Natural Gas, to another union. During the year, there were no strike-related casualties reported, only deaths in vehicle accidents on the way to or from strikes. Also no arrests were reported for participating in a strike. There were no laws prohibiting retribution against strikers and strike leaders, but strikers who believed they were victims of unfair retribution could submit their cases to IAP, with the approval of the labor ministry. The Industrial Arbitration Panel (IAP's) decisions were binding on parties but could be appealed to the National Industrial Court (NIC); in practice the decisions of these bodies infrequently carried the force of law. Union representatives described the arbitration process as cumbersome and time-consuming, and an ineffective deterrent to retribution against strikers."

Document(s): Open document